Terms of Use - Best New Bands

Terms Of Use

THE BESTNEWBANDS.COM

BestNewBands.com (TM) is a music/social networking service that allows Visitors and Members to view and comment on it’s original content, upload and/or view music videos and create unique personal profiles online in order communicate with other Visitors or Members. The services offered by BestNewBands.com (“We”) include the BestNewBands.com website (“BestNewBands.com website”) and any other features, content, or applications offered from time to time by BestNewBands.com in connection with the BestNewBands.com website. BestNewBands.com is hosted in the U.S.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the BestNewBands.com website . By using the BestNewBands.com website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the BestNewBands.com website) or you are a “Member” (which means that you have registered with the BestNewBands.com website). The term “User” refers to a Visitor or a Member. You are only authorized to use the BestNewBands.com website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the BestNewBands.com website and discontinue use of the BestNewBands.com website immediately. If you wish to become a Member, communicate with other Members and make use of the BestNewBands.com website, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes BestNewBands.com’s policy for acceptable use of the BestNewBands.com website and content posted on the BestNewBands.com website, your rights, obligations and restrictions regarding your use of the BestNewBands.com website and BestNewBands.com’s Privacy Policy. In order to participate in the BestNewBands.com website, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the BestNewBands.com website, those additional terms are hereby incorporated into this Agreement.

BestNewBands.com may modify this Agreement from time to time and such modification shall be effective upon posting notification on the BestNewBands.com Website . You agree to be bound to any changes to this Agreement when you use the BestNewBands.com website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on the BestNewBands.com website and that you provide to other Users. Your profile posted on the BestNewBands.com website may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Visitors or Members of the BestNewBands.com Website may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BestNewBands.com assumes no responsibility or liability for this material. If you become aware of misuse of the BestNewBands.com website by any person, please contact BestNewBands.com.

BestNewBands.com reserves the right, in its sole discretion, to reject, refuse to post or to remove any posting (including private messages) by you; or to restrict, suspend, or terminate your access to all or any part of the BestNewBands.com website at any time, for any or no reason, with or without prior notice, and without liability. BestNewBands.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the BestNewBands.com website if BestNewBands.com determines, in its sole discretion, that you pose a threat to BestNewBands.com and/or its Users.

Eligibility. Use of and Membership in the BestNewBands.com website is void where prohibited. By using the BestNewBands.com website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the BestNewBands.com website does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

Term. This Agreement shall remain in full force and effect while you use the BestNewBands.com website as a Visitor or are a Member. You may terminate your Membership at any time. BestNewBands.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

Fees. You acknowledge that BestNewBands.com reserves the right to charge for the BestNewBands.com website and to change its fees from time to time in its discretion. If BestNewBands.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BestNewBands.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-Commercial Use by Members. The BestNewBands.com website is for the personal use of Visitors and Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BestNewBands.com. Illegal and/or unauthorized use of the BestNewBands.com Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the BestNewBands.com website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation you post may be removed without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the BestNewBands.com website.

Proprietary Rights In Content On The BestNewBands.com Website.

BestNewBands.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the BestNewBands.com website. After posting your Content to the BestNewBands.com website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the BestNewBands.com website, you hereby grant to BestNewBands.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the BestNewBands.com website. Without this license, BestNewBands.com would be unable to provide the BestNewBands.com website. For example, without the right to modify Member Content, BestNewBands.com would not be able to digitally compress Video or music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, BestNewBands.com could not allow Users to watch videos posted by Members. The license you grant to BestNewBands.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to BestNewBands.com website), fully-paid and royalty-free (meaning that BestNewBands.com is not required to pay you for the use on the BestNewBands.com website of the Content that you post), sub-licensable (so that BestNewBands.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the BestNewBands.com website), and worldwide (because the Internet and the BestNewBands.com website are global in reach). This license will terminate at the time you remove your Content from the BestNewBands.com website. The license does not grant BestNewBands.com the right to sell your Content, nor does the license grant BestNewBands.com the right to distribute your Content outside of the BestNewBands.com website.

You represent and warrant that: (i) you own the Content posted by you on or through the BestNewBands.com website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the BestNewBands.com website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the BestNewBands.com website.

The BestNewBands.com website contains Content of BestNewBands.com (“BestNewBands.com Content”). The BestNewBands.com Content is protected by copyright, trademark, patent, trade secret and other laws, and BestNewBands.com owns and retains all rights in the BestNewBands.com Content and the BestNewBands.com Website. BestNewBands.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display BestNewBands.com Content (excluding any software code) solely for your personal use in connection with viewing BestNewBands.com and using the BestNewBands.com Website.

The BestNewBands.com Website contains Content of Users and other BestNewBands.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the BestNewBands.com Website.

Content Posted.

BestNewBands.com may delete any Content that in the sole judgment of BestNewBands.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threatens the safety of any person. BestNewBands.com assumes no responsibility for monitoring the BestNewBands.com website for inappropriate Content or conduct. If at any time BestNewBands.com chooses, in its sole discretion, to monitor the BestNewBands.com website, BestNewBands.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the BestNewBands.com website, and any material or information that you transmit to other Users and for your interactions with other Users. BestNewBands.com does not endorse and has no control over the Content. Content is not necessarily reviewed by BestNewBands.com prior to posting and does not necessarily reflect the opinions or policies of BestNewBands.com. BestNewBands.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the BestNewBands.com website. BestNewBands.com reserves the right to investigate and take appropriate legal action against anyone who, in BestNewBands.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the BestNewBands.com website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BestNewBands.com:

is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

harasses or advocates harassment of another person;

exploits people in a sexual or violent manner;

contains nudity, violence, or offensive subject matter or contains a link to an adult website;

promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

14. includes a photograph of another person that you have posted without that person’s consent; or

15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on BestNewBands.com and through your use of the BestNewBands.com website. BestNewBands.com reserves the right to investigate and take appropriate legal action against anyone who, in BestNewBands.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

2. advertising to, or solicitation of, any Member to buy or sell any products or services through the BestNewBands.com website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the BestNewBands.com website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BestNewBands.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BestNewBands.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the BestNewBands.com website, you acknowledge that you will have caused substantial harm to BestNewBands.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BestNewBands.com $100 for each such unsolicited email or other unsolicited communication you send through the BestNewBands.com website;

3. covering or obscuring the banner advertisements on your personal profile page, or any page of the BestNewBands.com website, via HTML/CSS or any other means;

4. any automated use of the system;

5. interfering with, disrupting, or creating an undue burden on the BestNewBands.com website or the networks or services connected to the BestNewBands.com website;

6. attempting to impersonate another User or person;

7. copying the code for your BestNewBands.com Player and embedding it into other profiles or asking other Members to embed it into their profiles;

8. using the name, account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;

9. selling or otherwise transferring your profile;

10. using any information obtained from the BestNewBands.com website in order to harass, abuse, or harm another person;

11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through BestNewBands.com on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins or comments with a commercial purpose, or sending private messages with a commercial purpose; or

12. using the BestNewBands.com website in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BestNewBands.com to terminate user privileges of anyone who repeatedly infringes the copyright rights of others upon receipt of proper notification to BestNewBands.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the BestNewBands.com website in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BestNewBands.com website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

10. User Disputes. You are solely responsible for your interactions with other Users of the BestNewBands.com website. BestNewBands.com reserves the right, but has no obligation, to monitor disputes between you and other Users.

11. Privacy. Use of the BestNewBands.com website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers. BestNewBands.com is not responsible for any incorrect or inaccurate Content posted on the BestNewBands.com website, whether caused by Users of the BestNewBands.com website or by any of the equipment or programming associated with or utilized in the BestNewBands.com website. Content created and posted by Users on the BestNewBands.com website may contain links to other websites. BestNewBands.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BestNewBands.com. Inclusion of any linked website on the BestNewBands.com website does not imply approval or endorsement of the linked website by BestNewBands.com. When you access these third-party sites, you do so at your own risk. BestNewBands.com takes no responsibility for third party advertisements which are posted on this third party site or through the BestNewBands.com website, nor does it take any responsibility for the goods or services provided by its advertisers. BestNewBands.com is not responsible for the conduct, whether online or offline, of any User of the BestNewBands.com website. BestNewBands.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BestNewBands.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BestNewBands.com website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the BestNewBands.com website. Under no circumstances shall BestNewBands.com be responsible for any loss or damage, including personal injury or death, resulting from use of the BestNewBands.com website, from any Content posted on or through the BestNewBands.com website, or from the conduct of any Users of the BestNewBands.com website, whether online or offline. The BestNewBands.com website is provided “AS-IS” and as available and BestNewBands.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BestNewBands.com cannot guarantee and does not promise any specific results from use of the BestNewBands.com website.

13. Limitation on Liability. IN NO EVENT SHALL BESTNEWBANDS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BESTNEWBANDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BESTNEWBANDS.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BESTNEWBANDS.COM FOR THE BESTNEWBANDS.COM WEBSITE DURING THE TERM OF MEMBERSHIP.

14. U.S. Export Controls. Software available in connection with the BestNewBands.com website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the BestNewBands.com website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15. Disputes. If there is any dispute about or involving the BestNewBands.com website, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either BestNewBands.com or you may demand that any dispute between BestNewBands.com and you about or involving the BestNewBands.com website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent BestNewBands.com from seeking injunctive relief in a court of competent jurisdiction.

16. Indemnity. You agree to indemnify and hold BestNewBands.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the BestNewBands.com website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on or through the BestNewBands.com website causestBestNewBands.com to be liable to another.

17. Other. This Agreement is accepted upon your use of The BestNewBands.com website and is further affirmed by you viewing or posting content. This Agreement constitutes the entire agreement between you and BestNewBands.com regarding the use of the BestNewBands.com website. The failure of BestNewBands.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BestNewBands.com is a trademark of Tom Crosthwaite And Associates. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: Editor@BestNewBands.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.